Covid, Anelli (Fnomceo): “We would all be more relaxed with a buffer obligation to exempt”

“From a general and intuitive point of view, the swab check of the exempt people (that is, of those who are in possession of a certificate of exemption from the vaccination against covid – ed) allows greater peace of mind. If the obligation to test could be legally introduced in all categories we would all be more relaxed “. To intervene with the Adnkronos is Filippo Anelli, president of the National Federation of the Orders of Surgeons and Dentists (Fnomceo), who states: “I therefore understand from a health point of view the request of the principals for the school world, but it remains the legal problem to be solved “. “Article 32 of the Constitution does not allow compulsory health treatment in the absence of the law, but in reality the decree 172, which imposes the obligation to vaccinate a series of categories including school personnel, refers to a ministerial decree the measures of implementation and protection for the exempt. And this, even if I am not a jurist, could perhaps be a way through which to introduce the obligation of the tampon “. The main road, however, remains “a precise legislative provision”, which can be inserted in the reconversion phase of decree 172. “It would definitively overcome the obstacle envisaged by the Constitution”, notes Anelli. “The virus spreads in all communities. In the emergency phase it would not be it was wrong to overcome the constitutional provision for the protection of individual interests and provide for the mandatory screening of the exempt persons of all groups, in compliance with the rules of collective protection since the reasoning is similar to that which justifies the vaccination obligation “, reaffirms the president Fnomceo. Can the extension to all exempt persons of all categories possible? “The request for a tampon or not for the exempt ones could be sent back to the competent doctor – he replies – In a desirable way which, through the elaboration of a risk assessment document, including biological risk, would not open to the obligation tout court but contextualized to the need of the moment, such as the outbreak of a cluster. In that case the doctor could set the obligation to swab the exempt persons, for example limited to a limited period. And since in all productive and working activities there is always a need for a competent doctor, this approach could apply to any type of category “. (by Roberta Lanzara)